LexisNexis® Legal Newsroom
FREE DOWNLOAD: Employer's Improper Communication With Physician (Calif. WCAB panel)

Sergio Oseguera v. Links Communications Medical-Legal Procedure—Independent Medical Examiners—Communications—WCAB held that reporting of "regular physician" appointed by WCJ pursuant to Labor Code § 5701 to examine applicant/cable installer with 5/26/2001 admitted...

FREE DOWNLOAD: Employer's Improper Communication With Physician (Calif. WCAB panel)

Sergio Oseguera v. Links Communications Medical-Legal Procedure—Independent Medical Examiners—Communications—WCAB held that reporting of "regular physician" appointed by WCJ pursuant to Labor Code § 5701 to examine applicant/cable installer with 5/26/2001 admitted industrial...

California Court Reversed W.C.A.B. Award for 24 Hour Nursing Care

The Second District Court of Appeals has provided us with some guidance, not a lot but a little, on what is becoming a thorny issue in many workers’ compensation cases that of attendant care expenses. In State Farm v W.C.A.B. (Pearson) the Court reversed an award in excess of $1,000.000 for retroactive...

California: IME Report Based Upon Unilateral Ex-Parte Communication Struck By Court Of Appeal—New IME Required

By David Bryan Leonard, Esq. Physician’s vulnerability to ex parte manipulation by a party is highlighted in t he recent Court of Appeal Case of State Farm Insurance v. W .C.A.B. (“Pearson”) [192 Cal. App. 4th 51; 2011 Cal. App. LEXIS 86] . This is the second appellate decision...

OH: Admission of Non-Testifying Physician’s Report Allowed Where Employer Sought Submission to IME

An Ohio appellate court recently affirmed a trial court’s decision that a non-testifying physician's report was nevertheless admissible as an admission against the interest of the employer, where the employer requested the claimant submit to an IME and the physician was chosen by the employer...